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Criminal Jury Instructions

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8.6-3  Unlawful Assembly -- § 53a-177

Revised to December 1, 2007

The defendant is charged [in count __] with unlawful assembly.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of unlawful assembly when <insert as appropriate:>

  • (he/she) assembles with two or more other persons for the purpose of engaging in conduct constituting the crime of riot.

  • being present at an assembly which either has or develops the purpose of engaging in conduct constituting the crime of riot, (he/she) remains there with intent to advance that purpose.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Assembly
The first element is that the defendant (assembled with two or more other persons / was present at an assembly of two or more other persons).

Element 2 - Purpose
The second element is that <insert as appropriate:>

  • the assembly was for the purpose of engaging in conduct constituting the crime of riot.

  • the assembly had or developed the purpose of engaging in conduct constituting the crime of riot.

<See Riot in the Second Degree, Instruction 8.6-2.>

Element 3 - Intent
The third element is that the defendant was at or remained at the assembly with the specific intent to engage in conduct that would constitute the crime of riot.  A person acts "intentionally" with respect to a result when (his/her) conscious objective is to cause such result.  <See Intent: Specific, Instruction 2.3-1.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) that the defendant (assembled with two or more other persons / was present at an assembly of two or more other persons), 2) the assembly (was for the purpose of / developed the purpose of) engaging in conduct constituting the crime of riot, and 3) the defendant specifically intended to advance that purpose.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of unlawful assembly, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
 


 

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